Paragraph 75

If by reason of the storage or deposit of materials or the construction of any consented work, or of the failure of any such work, the efficiency of any flood defence structure or drainage work for flood defence purposes is impaired, or that flood defence structure or drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency; and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good such impairment or damage and recover from the undertaker the expense reasonably incurred by it in so doing.

Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any impairment or damage to the extent that it is attributable to the act, neglect or default of the Agency, its officers, servants, contractors or agents.